David M. Wirtz

dwirtz@littler.com
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David M. Wirtz has represented employers exclusively for over 40 years, with an emphasis on:

  • Litigation prevention / employment law counseling
  • Discrimination litigation
  • Class action defense – Fair Labor Standards Act, systemic discrimination
  • ERISA litigation defense
  • Arbitrations, mediations, and other ADR
  • Collective bargaining
  • Employment and separation agreements
  • Human resources policies and handbooks

David provides 24/7 service and pragmatic advice helping managers, human resources professionals and in-house employment counsel with decisions concerning hiring, firing, promotions, compensation, and leaves. As a trial lawyer, David has successfully defended scores of individual, class and collective actions and achieved multiple defense verdicts in state and federal courts involving alleged discrimination (age, disability, race, national origin, gender, harassment, retaliation), covenants, wage & hour violations, negligent hiring, negligent supervision, negligent retention, breach of contract, and negligent and intentional infliction of emotional distress. He has successfully defended his clients in hundreds of arbitration proceedings.

David works with a wide range of clients in:

  • Retailing
  • Insurance
  • Financial services
  • Hospitality
  • Healthcare and medical supplies
  • Information technology
  • Property management
  • Finance
  • Construction
  • Law firms
  • Museums and foundations
  • Schools
  • Municipalities and special districts

David is a skilled writer and speaker, and his articles on topics ranging from the history of restrictive covenants to retaliation claims have appeared in numerous legal publications. He has also appeared regularly as an expert commentator on employment-related issues for local television and radio stations, and he frequently lectures to other employment attorneys and in-house counsel. Additionally, David has taught as an adjunct professor at Cardozo Law School and as a guest lecturer at the Columbia Business School.

Credentials & Recognition

Speaking Engagements

Yet More Major New Changes in NY State and City Employment Law?!?

  • March 15, 2023
  • Littler Webinar

When Does Tough Talk Rise to an Ethical Violation or Even Extortion?

  • October 29, 2021
  • Littler Webinar

Basic Lessons on Ethics and Civility 2019

  • April 12, 2019
  • New York State Bar Association, Long Island, NY

Basic Lessons on Ethics and Civility 2018

  • April 13, 2018
  • New York State Bar Association, Long Island, NY

Exploring Complex Accommodation and Leave Issues in the Workplace

  • June 28, 2017
  • New York, New York
  • Littler Live Event

Ethical Considerations Applicable to Settlement Negotiations and Mediation

  • May 12, 2017
  • Littler, Phoenix, AZ

Moving Through the Fog: Handling Complex Issues in Workplace Accommodations Involving "Invisible" Disabilities, Gender Identity and Religious Preferences

  • May 12, 2017

Going Local: The New Frontier of Employer Regulations

  • April 27, 2017
  • National Retail Federation, Longboat Key, FL

Labor Law Nuts and Bolts

  • April 13, 2017
  • Practising Law Institute, New York, NY

Arbitration Agreements with Class Action Waivers

  • November 17, 2016
  • American Arbitration Association, New York, NY

Two Hot Topics: Mandatory Arbitration, and Separation / Confidentiality Agreements

  • November 3, 2016
  • New York, New York
  • Littler Live Event

Learn how we can help you confidently address your unique workplace legal challenges.